Schultz on Postulates of Justice in Transnational Law and Private International Law Reasoning
Thomas Schultz (Kings College London) has posted Postulates of Justice in Transnational Law and Private International Law Reasoning. A Few Simple Points (Postulats De Justice En Droit Transnational Et Raisonnements De Droit International Privé. Premier Balisage D’Un Champ D’Études) on SSRN.
Certain postulates of justice that led to legal statism constitute an epistemological obstacle in our search for the rules and regulatory systems that best fulfil certain fundamental objectives of private international law and the rule of law more generally. Transnational private rules may, in certain situations, be the best choice for these objectives.
Note: Downloadable document is in French.
The paper was published in the Mélanges Jean-Michel Jacquet.